Turbine Platform Terms of Service (ToS) and Service Level Agreement (SLA)

Date last updated: October 2025

Platform Access Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THIS PLATFORM. BY ACCESSING THIS PLATFORM, YOU ARE ACKNOWLEDGING AND AGREEING THAT THESE TERMS AND CONDITIONS APPLY. THESE TERMS AND CONDITIONS MAY BE MODIFIED AT ANY TIME. IF CHANGES ARE MADE, THEY WILL BE POSTED TO THE PLATFORM ALONG WITH THE DATE THEY WERE CHANGED. ANY SUCH CHANGES WILL BECOME EFFECTIVE IMMEDIATELY. IF YOU DO NOT ACKNOWLEDGE AND AGREE THAT THESE TERMS AND CONDITIONS APPLY, DO NOT ACCESS THE PLATFORM. YOUR CONTINUED USE OF THE PLATFORM INDICATES YOUR CONTINUED AND UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS.

1. Scope and Applicability

These Terms of Service (“Terms”) govern access to and use of all software, services, and modules operated by Yinz Technology LLC dba Turbine Workforce, including but not limited to TurbineLMS, Apprentage, Otto, VELA, KnowledgeOps, ComplianceOps, ReportingOps, LearningOps, Turbine Datalake, API & Integration Framework, and any related services (collectively, the "Turbine Workforce Platform" or "Platform").

By accessing or using the Turbine Workforce Platform, you and the entity that has authorized your access to this Platform (the “Customer”) agree to be bound by these Terms in full. The Customer may be your employer or an entity that has entered into a written agreement with you (or your employer) that expressly permits you to access this Platform on behalf of such entity.

Your access to the Platform is being provided pursuant to the terms of a separate agreement (the "Platform Agreement") entered into between Yinz Technology LLC dba Turbine Workforce ("Turbine Workforce", "we" or "us") and the Customer, and is subject to the terms and conditions thereof in all respects.

2. Ownership and Permissions for Uploaded Content

2.1 Customer Ownership

Turbine makes no claim of ownership over any Customer data, materials, or intellectual property uploaded, transmitted, or created within the Platform ("Customer Content"). All rights, title, and interest in such Customer Content remain exclusively with the Customer or its lawful owner.

2.2 Customer Responsibility for Authorization

By uploading, integrating, or otherwise providing content to Turbine, the Customer represents and warrants that: (a) they possess full rights and permissions to upload, copy, refactor, or process the content; (b) such use does not infringe on any third-party rights; and (c) they grant Turbine a limited, revocable, non-exclusive license to store, process, and transform such content solely for the purpose of delivering, supporting, and improving Turbine’s contracted services.

Responsibility for verifying ownership and permissions rests entirely with the Customer.

3. User Access and Acceptable Use

3.1 Restricted Use

You may not, directly or indirectly: (i) Use the Platform other than for its intended use and other than for the internal business purposes of Customer which, for clarity, includes making the services provided by TurbineLMS to Customer under the Platform Agreement available to Customer's customers in a manner expressly permitted by the Platform Agreement provided such customers do not have the ability to directly access the Platform; (ii) Use the Platform for unlawful or infringing purposes; (iii) Reverse engineer, decompile, or tamper with Platform architecture; (iv) Circumvent security or governance controls; (v) Upload malicious code or unauthorized software; (vi) Remove or modify any trademark, service mark, copyright or other notice of Turbine's or its licensors' proprietary rights; (vii) Modify, make derivative works of, disassemble, reverse compile, reverse engineer, reproduce, or download any part of the TurbineLMS Platform, including any software or documentation to which access is provided in connection with the Platform; (viii) Conduct any benchmark tests or performance tests of the Platform without Turbine's prior written consent and participation; or (ix) Sublicense, sell, rent, lease, transfer, assign, distribute, display, disclose, republish, make or permit timesharing or service bureau use or use for any unlawful purpose, or otherwise commercially exploit or make the Platform available to any third party.

3.2 Compliance and Prohibited Content

You agree not to transmit or store infringing, obscene, threatening, libelous, or otherwise unlawful or offensive content or other materials or information that violates the privacy rights of any person or to transmit or store material containing software viruses, worms, trojan horses or other harmful computer code or malware when using the Platform. You are also required to abide by all applicable local, state, national and international laws and regulations in connection with the use of the Platform, including those related to taxes, data privacy and the transmission of technical or personal data.

3.3 Credentials

Usernames and passwords provided for accessing the Platform are provided by TurbineLMS for designated individuals and may not be used by any other person. You are required to protect the usernames and passwords as required to prevent disclosure and shall not share credentials outside authorized personnel.

Turbine reserves the right to suspend access for violations or potential security risks.

4. Intellectual Property and Proprietary Data Protections

4.1 Turbine Intellectual Property

Turbine reserves all of its intellectual property rights in the Platform and any services or products provided using the Platform. Using the Platform does not give you any rights in the Platform or such services or products or the content or information made available through the Platform. Trademarks and logos used in connection with the Platform are the trademarks of their respective owners.

4.2 AI Model Use and Proprietary Data

Turbine will not use Customer Content deemed proprietary to train, fine-tune, or otherwise modify Turbine’s or third-party language models without the Customer’s express written consent. Such use will occur only when explicitly authorized as part of a direct service agreement or where the Customer receives a specific derived benefit.

4.3 Metadata and Derived Data Rights

As part of delivering Turbine services, the Platform may generate derivative outputs, including but not limited to: contextual embeddings, semantic tags, causal relationships, vectorized representations, model weights, or operational metadata appended to Customer Content.

Unless otherwise agreed in writing, Turbine retains ownership of metadata, embeddings, and derivative non-identifiable data produced as part of normal service operation. Customers may request deletion of such metadata or vectorized representations from Turbine’s Datalake or vector database by submitting a written removal request to [email protected].

5. Data Privacy, Ethical Use, and Monetization

5.1 No Sale of PII or Profile Data

Turbine will never sell personally identifiable information (PII) or user profile data. All user and organization data are protected under SOC 2, FERPA, and WIOA frameworks as enforced by Turbine’s SecurityOps and ComplianceOps modules.

5.2 Use of Clean or De-Identified Data

Turbine may analyze, aggregate, and monetize de-identified (“clean”) data derived from system use, provided that such data:

cannot identify a user or Customer entity,
contains no proprietary content or confidential information, and
is used strictly for research, benchmarking, model improvement, or operational analytics.

5.3 Data Governance and Compliance

Turbine enforces continuous monitoring, encryption, and secure data flows across its ecosystem via its Security & Governance Layer, AI Governance Layer, and ComplianceOps for WIOA, FERPA, Perkins, SOC 2, and 2 CFR Part 200 compliance standards. All AI-related processing is governed under Turbine’s AI Governance Layer, ensuring human-in-the-loop validation, explainability, and compliance with applicable data and privacy laws.

Service Level Agreement (SLA) Details

Core Platform Services (Apprentage, Otto, VELA, TurbineLMS)

Availability Target: 99.0% uptime
Response Time (Critical): Less than 1 business hour
Description: Covers primary system availability.

API & Integration Framework

Availability Target: 98.5% uptime
Response Time (Critical): Less than 4 business hours
Description: Covers Datalake and API operations.

ReportingOps & AnalyticsOps

Availability Target: 99.0% uptime
Response Time (Critical): Less than 8 business hours
Description: Covers dashboards and reporting continuity.

KnowledgeOps & LearningOps

Availability Target: 99.5% uptime
Response Time (Critical): Less than 2 business hours
Description: Covers content, curation, and course delivery.

Exclusions: Scheduled maintenance, third-party vendor outages, Customer-side network issues, or Force Majeure events are not included in uptime calculations.

General Provisions

6. Third-Party Access

If you are not an employee of Customer, you may not access or use the TurbineLMS Platform unless your employer has agreed in writing with the Customer to comply with the terms of the Platform Agreement prior to your accessing the Platform or you have agreed in writing with Customer to comply with the terms of the Platform Agreement prior to your accessing the Platform. Only TurbineLMS and Customer have any rights pursuant to the Platform Agreement and TurbineLMS or Customer may enforce the Platform Agreement. Any questions on the Platform Agreement should be directed to the Customer on whose behalf you are accessing this Platform.

7. Termination and Modification

Turbine may amend these Terms at any time, with changes posted to the Platform. Continued use constitutes acceptance of any modifications.

In addition to any other remedies we may have at law, we may, in our sole discretion and without notice, terminate or suspend your access to the Platform and/or block your future access to the Platform, if we determine or suspect that you have violated the terms of the Platform Agreement or the terms and conditions as set forth above, including non-compliance, misuse, or security risk.

8. Disclaimer

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE PLATFORM AGREEMENT, TurbineLMS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR, IMPLIED, REGARDING ANY MATTER, INCLUDING THE MERCHANTABILITY, SUITABILITY, ORIGINALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR RESULTS TO BE DERIVED FROM THE USE, OF ANY INVENTION, SERVICE, SOFTWARE, HARDWARE, OR OTHER MATERIALS PROVIDED IN CONNECTION WITH THE PLATFORM. TurbineLMS DOES NOT WARRANT ANY CONNECTION TO, TRANSMISSION OVER, NOR RESULTS OF USE OF, ANY NETWORK CONNECTION, SERVICE, PRODUCT OR FACILITIES PROVIDED UNDER THE AGREEMENT. TURBINELMS' LIABILITY IS LIMITED AS PROVIDED IN THE PLATFORM AGREEMENT.

9. Limitation of Liability

Turbine’s total liability for claims arising under these Terms shall not exceed the amount paid by the Customer for services during the preceding six (6) months.

IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING loss of profits, data, or goodwill, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE PLATFORM OR ANY SERVICE OR PRODUCT MADE AVAILABLE THROUGH THE PLATFORM, WHETHER BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHER LEGAL THEORY, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Dispute Resolution and Governing Law

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-law rules. Any dispute shall be resolved by binding arbitration in Allegheny County, Pennsylvania.

11. Customer Acknowledgment

By using the Turbine Workforce Platform, the Customer affirms that:

"I acknowledge that I have full authority and rights to the materials uploaded or processed within Turbine’s systems, and that Turbine may transform, analyze, or append metadata as part of providing its services. Turbine makes no ownership claim over my content, will never sell my personal or organizational data, and will not use proprietary materials for AI model fine-tuning without my express consent. I understand that de-identified metadata generated by Turbine may be retained and used by Turbine in accordance with its data governance policies."